Everything You Need To Know About Nursing Home Neglect Lawsuits

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If data is to be believed, more than two million American elderlies live in care homes and nursing homes across the country. Incidents of neglect, abuse, and disorderly handling have been reported very frequently in different sections of the press. 

 According to laws drafted by the Federal Government, the complete care, concern, and safety of the inhabitants of the nursing home is the responsibility of the institution. Any form of abuse or neglect can be strictly dealt with in accordance with the true procedures of the law. 

In this resource article, we speak to a leading nursing home negligence attorney. We ask him about what are some important aspects of nursing home neglect that we should know. 

Nursing Home Neglect: Meaning and Definition

A case of nursing home neglect arises if the elderly person in the institution is treated badly and not in accordance with the principles of care and safety. In this case, elderly individuals suffer from physical harm, sickness, and illnesses, or even can succumb to death. 

For example, if an elderly individual requires oxygen support, then it is the duty and responsibility of the institution to ensure that they get the same. Without oxygen support, an individual can lose their life very easily. Sadly, this has happened in many institutions. 

There is a difference between Abuse and Neglect when it comes to such cases. 

  • Abuse refers to an act that is intentional and conscious and is done to wilfully harm an individual. 
  • Neglect, on the other hand, can be both intentional or unintentional but results in harm arising out of the failure to provide proper care. 

How to Prove Neglect in a Nursing Home: Experts Answer

While you may think that proving neglect in a nursing home is easy, think otherwise. These institutions guard their interests heavily and try to avoid as many lawsuits as possible. According to legal experts, you need to- 

  • Talk to a trusted aid within the institution and request them to anonymously go on record to state about the neglect and other poor conditions that exist in the nursing home. 
  • You can also report the harm that has been done to the governing body or regulatory authority under which the particular nursing home functions. They can pull them up and ask for reasons for the same. 

In most cases, the neglect happens because the institution is not adequately staffed. While there are rules stipulating the number of caregivers in accordance with the number of patients, this is rarely followed. One caregiver is burdened with looking after twenty or thirty inhabitants. 

Legal experts also point to the fact that caregivers are not adequately trained for elementary medical functions like putting oxygen. All this can result in improper care being meted out to the inhabitant of the nursing home. 

How does a Nursing Home Neglect Lawsuit work?

The first thing you need to know about filing a lawsuit in this regard is hiring a legal expert. As we have already mentioned, proving negligence is not an easy task. You would need a legal expert that has the capability of extracting evidence from the institution and then building the lawsuit around the same. 

If you have an experienced legal expert in the lawsuit, you will be able to build a successful case. Federal courthouses are not too favorably disposed of nursing homes that are charged with negligence. 

They are stringent in terms of imposing punitive fines and sanctions, even leading to the cancellation of licenses for the nursing home to operate. 

While financial compensation forms the bulk of what can be achieved through a lawsuit, exceptional cases might also require the institution to offer other kinds of care and remedy to address the situation. 

The Bottom Line

A nursing home neglect can affect the victim and his family members in drastic ways. It can have financial, physical, and mental implications for everyone involved. If your lawsuit can bring the nursing home to its knees it will think twice when trying to do something similar to another affected elderly patient. Choosing the right lawyer is essential to the success of the case. 

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